Salzer v. Schwartz

Lively, Judge :

One question is involved here. Is it error for the court to try a case at law in lieu of a jury, where the defendant has entered his appearance and pleaded the general issue and *570notice of recoupment, without bis waiver of a jury trial shown on the record ?

Plaintiffs filed their declaration in assumpsit in the Intermediate Court of Kanawha County at May rules, 1916. On July 3rd, a day of the following term, the defendant appeared and pleaded non-assumpsit and filed notice of recoupment, and the case was continued. Three years later, July 16, 1919, a default judgment was rendered…